- The concept of "unfair labour practices" is defined under the Industrial Disputes Act, 1947 in India, specifically in the Fifth Schedule of the Act. This schedule lists practices that are unfair on the part of employers and trade unions. - Refusing to bargain collectively in good faith with the recognized trade unions is explicitly listed as an unfair labour practice on the part of the employer in item 5 of Part I of the Fifth Schedule. Collective bargaining is a fundamental aspect of industrial relations, and an employer's refusal to engage in it with a recognized union is considered detrimental to healthy industrial relations. - Option A, recruiting workmen during an illegal strike, is also listed as an unfair labour practice (item 6 of Part I) if the strike is not illegal. Recruiting during an illegal strike might be viewed differently, but the core issue is strike-breaking. However, refusal to bargain (Option D) is a more direct and fundamental violation of the duty to negotiate with the union. - Option B, transfer of workmen according to management policy, is generally within the management's prerogative and not considered an unfair labour practice unless it is done with malicious intent, as a punishment, or in violation of service conditions or agreements. - Option C, dismissing a workman involved in a criminal case, can be a valid ground for disciplinary action depending on the nature of the case and the outcome, and is not inherently an unfair labour practice.
Which of the following amounts to an unfair labour practice ?
Asked in UPSC CISF AC EXE 2021 · Topic: The Parliamentary Act (Powers and Functions of Parliament (Legislative, Executive, Financial, Constituent))
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Answer: D. Refusing to bargain collectively in good faith with a recognized trade union
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